Category: DUI Tests

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Why A DUI Case May Be Dropped

Reasons A DUI Case May Be Dismissed

If you are facing a DUI charge, it is essential to consult with an experienced criminal defense attorney. An attorney can help you find out whether you have a chance of getting your case dismissed before it ever goes to trial.

It is not common for a judge to dismiss a DUI case, but it does happen on occasion. Often, dropped charges result from legal errors or insufficient evidence.

No Probable Cause For The Stop

If a police officer stops your vehicle without reasonable suspicion of violating the law, it may be unlawful. This is a violation of the Fourth Amendment and it can lead to the dismissal of your DUI case.

Probable cause is a higher standard than reasonable suspicion and it must be established before an arrest can take place. It also must be considered on a case-by-case basis, taking into account the specific facts and details of each individual case.

A common example of no probable cause is when an officer stops your car at a DUI checkpoint where you have been randomly selected to be stopped. The stop may be challenged as unlawful and the evidence resulting from it could be suppressed in court.

Medical Conditions

If you have a medical condition that could affect your ability to drive safely, you may want to disclose it to your lawyer. This can help them prepare your defense to get you out of a DUI charge.

For example, if you suffer from diabetes, low blood sugar can cause tremors, slurring, and clumsiness. It can also lead to mental confusion.

Medications can also affect your field sobriety tests. They can skew the results of a breathalyzer test and cause you to show up with a higher BAC than you actually had.

People who have kidney or liver disease should avoid drinking alcohol. These organs are essential to filtering toxic substances from the bloodstream, so they can fail if they become damaged.

DUI Breath Tests Were Unreliable

If you are arrested for a DUI, it is important to know that many of the breath tests that were given in your case may be unreliable. This means that if the test results are inadmissible, the prosecutor’s case will lose much of its clout and your case is more likely to be dismissed.

The New York Times recently conducted an investigation that reveals that the breath testing machines used by law enforcement are often improperly programmed, calibrated, and maintained. This results in inaccurate BAC readings, causing thousands of drivers to be convicted of driving under the influence when they are actually innocent.

In the past year, judges in Massachusetts and New Jersey tossed out over 30,000 cases of drunken driving because of inaccurate Breathalyzer results. In addition, other states have thrown out hundreds of thousands of breath test results due to errors and faulty equipment.

Residual Alcohol

Residual alcohol is a very common issue in DUI cases. This is especially true if someone has recently drunk alcohol, used breath fresheners or mouthwashes that contain alcohol, or has experienced any other type of oral health issue that could leave traces of the substance in their mouth.

As a result, breath tests may register a high BAC (blood alcohol content) even though a driver has not ingested enough to be legally intoxicated. This can lead to a false conviction.

The best way to avoid a DUI charge is to know what the law says about residual alcohol in your bloodstream, and understand what can and cannot be done to fight a drunk driving case.

There are many ways a DUI case may be dismissed, including if the police violated the rules when making the arrest. The evidence can also be thrown out because of drug interactions between medications that a driver was not aware of.

Higher BAC Than When You Were Driving

If you’re arrested for a DUI and your BAC is higher than when you were driving, there are a few reasons your case may be dismissed. One reason is that the officer did not have enough evidence to convict you of being under the influence.

When you drink alcohol, it takes your liver a few hours to fully metabolize all the alcohol. Then, your blood alcohol level rises rapidly until it reaches its peak.

This can happen anywhere from 30 minutes to two hours after you finished drinking. It’s important to understand this because it can lead to you having a high BAC when you’re pulled over but still below the legal limit when you get your DUI chemical test results back.

This is why it’s important to drink slowly and spread out your drinks over a long period of time. It also helps if you have food in your stomach because this slows down how fast the alcohol is absorbed into your system. You might also consider a non-alcoholic beverage every couple of drinks, as this can help keep your BAC down.

Inaccuracy Of Field Sobriety Tests

If you were stopped for DUI and you failed the field sobriety tests, it may be possible to have your case dismissed. Inaccurate test results could be a result of police mishandling samples, using faulty devices or testing materials, and other factors.

There are a few different types of field sobriety tests that are used by police to determine whether or not someone is impaired by alcohol. They include the Horizontal Gaze Nystagmus (HGN), the Walk & Turn, and the One-Leg Stand test.

These tests were standardized by the National Highway Traffic Safety Administration (NHTSA) and are supposed to be administered in accordance with their guidelines. However, many police officers fail to adhere to these standards.

These tests are designed to evaluate a driver’s coordination and balance, which can be difficult for someone who has been drinking. In addition, medical conditions or medications can also make it difficult for a person to perform these exercises.

A Low-Carb Diet

A low-carb diet causes the body to go into a state called ketosis. This process burns stored fat for energy. This produces a chemical substance known as ketones, which police breathalyzers can detect.

The ketones produce a foul odor that can give an officer the impression that you were drunk when in fact you were not. They also increase your BAC.

If you are convicted of a DUI, you can face jail time and hefty fines. It is important to hire an experienced New Mexico criminal charges lawyer who knows how to challenge these types of cases.

There are several factors that could cause a DUI case to be dismissed. One of the most common reasons a DUI may be dismissed is if you have a medical condition that makes you appear intoxicated on the breath test.

For instance, people with diabetes often experience a high BAC on the breath test because their blood sugar level drops too low to be detected by police. Similarly, people with certain medical conditions like kidney failure may not be able to pass the breath test because of their low blood glucose levels.

Police Misconduct

While police officers are tasked with keeping us safe, they can also use their authority in ways that violate our rights. If you are a victim of police misconduct, you may be able to bring a civil lawsuit against the offending officer and seek monetary damages.

If you believe that a police officer has committed misconduct, it is important to speak with an attorney about your options. Your lawyer will help you determine how to go about filing a complaint and will be able to file the appropriate legal documents in your case.

Police misconduct can include anything from racial profiling to coerced confessions and planted evidence. Often, these crimes aren’t obvious.

When it comes to DUI cases, police misconduct is one of the most common reasons that a case may be dismissed. This is because the exclusionary rule allows criminal defendants to throw out evidence that was illegally obtained if a court agrees that it violated their constitutional rights.

Contact us or call us today if you need help from an experienced DWI attorney. Visit our blog for more related articles.

DUI Guide Arrest in Houston

Learning About Different DUI Tests

3 Types Of DUI Tests

Depending on your state, there are various types of DUI tests that you might face. These tests include blood tests and field sobriety tests. You might even face a test that is designed to measure your breath alcohol concentration.

1. Field Sobriety Tests

During a DUI stop, law enforcement officers may request a person to take Field Sobriety Tests. These tests test a person’s ability to follow directions and multitask. Performing these tests can be difficult, even if a person is not under the influence of alcohol.

The National Highway Traffic Safety Administration (NHTSA) has established three Standardized Field Sobriety Tests. They are the Walk and Turn Test, One-Leg Stand Test, and Horizontal Gaze Nystagmus Test. These tests are validated by the NHTSA and can be used as evidence in a court case. If a person fails any of the tests, the officer can arrest them. Prosecutors rely on these tests to get a DUI conviction.

There are a variety of factors that could have contributed to a person’s failure during a field sobriety test. For example, the person’s physical limitations or extreme sleep deprivation could have prevented them from completing the tests. Another reason for failure could be poor hearing.

In addition, if the person’s condition makes it difficult for them to complete a test, the results may be deemed invalid. Other reasons for failure include uneven roads, poor weather, or high heels.

Despite their shortcomings, field sobriety tests do serve a purpose. They help law enforcement officers to determine if a person is under the influence of alcohol or other drugs. However, they do not carry the same weight as other types of evidence.

2. Breathalyzer Test

Taking a breathalyzer test is a common practice in drunk driving cases. Unlike a blood test, a breathalyzer only measures the alcohol concentration in the exhaled breath of the driver. While a breathalyzer isn’t 100% accurate, it can provide a reasonable estimate of how much alcohol is in the driver’s system.

If you’re arrested for DUI, the officer will ask you to take a test of your breath. If you fail, you will have to provide a blood sample. This is a per se offense and is punishable by a fine and up to a year in jail.

The legal limit for blood-alcohol content is.08, but this doesn’t mean you’ll never get charged with DUI. If you’ve had two or more DUIs in five years, you’ll face the most serious consequences. Depending on your age, gender, and BAC level, you can expect a six-month license suspension for your first offense, a nine-month suspension for a second offense, and a 2.5-year suspension for a third offense.

Breath tests are only as accurate as the officer who administers them. If the officer makes a mistake, your results will be suspect. In addition, a Breathalyzer test isn’t always accurate, and malfunctions can skew the results.

A DUI defense attorney can challenge the accuracy of a breath test by pointing out the flaws in the test. While an alcohol breath test may be the best indicator of how much alcohol is in your system, it’s important to recognize that it’s just one of many tests that may be administered.

3. Blood Testing

Taking a blood test to determine your blood alcohol content (BAC) is a common procedure, but it may not be the most accurate method. Depending on the level of intoxication, you may be required to take a chemical test that is more accurate.

There are a number of ways to challenge a blood test, but the best way to defend a DUI charge is to seek the help of an experienced DUI attorney. You could be facing a DUI conviction that could impact your life for years to come. A lawyer’s knowledge of blood-testing laws and scientific techniques could help you defend your case.

A blood sample can be taken for analysis without your consent, but there are a number of rules to follow. For instance, you don’t want to be caught driving drunk if you have hemophilia. You could also be required to take a chemical test if you are taking anticoagulant medications.

A DUI blood test is a good way to test for drugs and alcohol. Although blood tests are not as accurate as breath tests, they are more convenient and are typically conducted in a medical environment.

A blood test can be used to show a driver’s alcohol concentration at a specific time and place. The results are used to determine a driver’s BAC, which can help a prosecutor prove intoxication. Depending on the situation, a blood sample can be collected using a search warrant.

We invite you to contact us or call us today if you need a help from an experienced DUI attorney. Visit our blog for more related articles.